Judge orders the return of truck invo...

Judge orders the return of truck involved in fatal

There are 12 comments on the Bennington Banner story from Apr 1, 2009, titled Judge orders the return of truck involved in fatal. In it, Bennington Banner reports that:

A judge has ordered that a truck involved in a fatal Woodford Mountain crash last April that killed three people be released to its owner.

Join the discussion below, or Read more at Bennington Banner.

Real Vermonter

Boston, MA

#1 Apr 1, 2009
Bad judge! Judge John Wesley just gave away key evidence in a gross negligent operation resulting in death trial! How freaking smart was that? Just because neither side specified any evidentiary basis for the state to continue holding the truck doesn't mean that they couldn't down the road! Now that it's gone neither side can do a thing! This is the very begining of Kenneth Middlebusher getting away with murder! Also shows how well the relationship between Kenneth Middlebusher and Heartland Express is going!
Elmer Fudd

Newmarket, NH

#2 Apr 1, 2009
Real Vermonter wrote:
Bad judge! Judge John Wesley just gave away key evidence in a gross negligent operation resulting in death trial! How freaking smart was that? Just because neither side specified any evidentiary basis for the state to continue holding the truck doesn't mean that they couldn't down the road! Now that it's gone neither side can do a thing! This is the very begining of Kenneth Middlebusher getting away with murder! Also shows how well the relationship between Kenneth Middlebusher and Heartland Express is going!
That's BS. The truck was burned and would have been a total loss. This sounds like an attempt at getting evidence thrown out and they succeeded.
PLAIN JANE

Schuylkill Haven, PA

#3 Apr 1, 2009
both the judge and the truck are burnt and both are useless but the judge will continue on threat to the health and welfare of vermonters but the truckis just as rotted as the buy me out judge to the day when retirement is due and we will continue to pay for his welfare ala carte
Real Vermonter

Boston, MA

#4 Apr 1, 2009
LOL!!
BRV 40

Brookline, MA

#5 Apr 1, 2009
OK, the driver and his employer I understand suing, but the company that produced the product he was carrying??? It's not like they had any control over how recklessly he drove or the condition of the truck.
Thomas Hodgson

Saint Petersburg, FL

#6 Apr 1, 2009
POST BY THOMAS HODGSON
EXECUTIVE DIRECTOR
ROAD SAFE AMERICA
RE: ROUTE 9 FATAL WRECK
Dear Editor,
Another tragedy involving a tractor trailer and passenger cars. My sincere condolences to the family and friends of the innocent men in the passenger car that was smashed by the tractor-trailer. This disaster has been fully investigated and the shift of a heavy load has been blamed. Statistically, transportation professionals are pretty sure what may have aggravated the event. Too many times, every week, tractor-trailer and passenger vehicles collide in this country, resulting in the death of the driver or passenger (or both) in the smaller vehicle. Every year more than 4,000 passenger vehicle occupants and 1,000 truckers die in the U.S. this way. In many of the cases, the police investigation reports the truck was driving too fast for conditions. Why do these large trucks drive so fast and kill so many?
Answers to the question posed above are plentiful. Misapplied compensation for most truck drivers, paying them by the mile rather than the hour, is a big one. This same pay model results in professional drivers driving too fast and for too many hours just to make an honest day’s pay. Sadly, the professional driver himself has chosen one of the most dangerous jobs in the world. As many as 1,000 die in this country every year.
One solution at a time, please. Most Americans do not know that every tractor-trailer built in the U.S. since 1992 comes from the factory with an installed speed governor. These safety devices are too often never engaged (thankfully, many fleets in this country do use them) and many highway behemoths are free to roam our interstates with no maximum speed and often on cruise control. How logical would it be to have a national rule passed regulating the use of these speed governors and having them set at 65 miles per hour? Such a change is being considered in the United States Congress for the upcoming Transportation Equity Act, but it is a long way from a certainty.
Next time an 80,000 pound truck passes you on a slick Interstate going 75 mph, imagine how much safer you might feel if the wheels of commerce would – in this case – slow down!
Road Safe America is not anti-trucker, and in fact, we are pro-trucking because of the important economic impact trucking has on our economy. We support safer drivers in safer vehicles on safer roads to reduce the tragedy of so many deaths and injuries on our highways.
Thomas M. Hodgson
Executive Director
Road Safe America, Inc.
www.roadsafeamerica.org .
BRV 40

Brookline, MA

#8 Apr 1, 2009
As someone with experience on both the sending and receiving ends of freight I can say that most major carriers like Heartland would have fairly regular customer pickups and drivers that knew what they were hauling and how to secure them. Not to say that it is the case every time but most of the pickups / deliveries I delt with were made by the same group of drivers. Express freight and rush shipments aside I can't believe that is not the case here.
Real Vermonter

Boston, MA

#10 Apr 1, 2009
The freight may have been loaded locked and taged already when Middlebusher picked it up so in that situation the responsiblity might go back to the company which loaded
BRV 40

Brookline, MA

#12 Apr 1, 2009
Well, the only thing I would say is if it was his first time on 9 he should have been extra cautious. I guess common sense is dead.

“Proud American and Vermonter”

Since: Feb 09

Bennington

#14 Apr 1, 2009
BRV 40 wrote:
OK, the driver and his employer I understand suing, but the company that produced the product he was carrying??? It's not like they had any control over how recklessly he drove or the condition of the truck.
Just guessing here, they may have evidence showing that the trailer was not loaded correctly. Causing the load to shift when the driver took the corner to hard, that is if that's what he did.
BRV 40

Brookline, MA

#15 Apr 1, 2009
Just the fact that there were two very similar tractor trailer accidents within weeks of each other in the same general location says that there is a lack of caution on the part of the drivers. It is sad that others had to pay the price.
Real Vermonter

Boston, MA

#16 Apr 1, 2009
Heck of a way to learn a lesson!

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